Review Alimony in Maryland

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Review Alimony in Maryland

• 1st step Should H/W be awarded alimony?
• 2nd step If so, what kind? Rehabilitative
  (definite term) unless
• 1) age or illness make self-support
  impossible
• 2) even with rehab, incomes of
• party still unconscionably
  disparate
• Note Alimony can be extended, modified or
  terminated as long as request made during term of
  order (change of circumstances affecting income
  of either party)

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CHILD SUPPORT

• Part I

March 2, 2004
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Goals of Child Support?

• Support Children
• 2) Protect State from Economic Burden

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I. Scope of Obligation

• Who Has Duty of Support?
• Historically fathers only
• Modern mothers and fathers
• Intact family duty exists but no
  interference unless threat of harm
• Non intact family noncustodial parent
  subject to court order

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To Whom Is Duty Owed?

• Biological or adopted children
• Minor (maj 18) children unless emancipated
• Disabled adult children
• Minority of states permit post-majority support
  for education

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II. Calculating Child Support Amount

• Historically Discretionary Standard
• (Needs of Children and Ability of Non-Custodial
  Parent to Pay)
• Problems with the Approach?
• 1. Unpredictable (fewer settlements, more
  litigation, more delay)
• 2. More expensive to litigate
• 3. Inconsistency in awards
• 4. Child support awarded too low

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Federal Government/Congressional Response

• 1988 Family Support Act requires all states to
  adopt a formula for determining child support
• Rebuttable presumption that formula amount will
  be ordered as child support

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Income Shares Version(adopted in majority of
states, including Maryland)

• Looks at income of both parents and assigns child
  support obligation based on amount spent on
  children in families with that level of income.